PEOPLE v. SMITH

Ordered that the judgment is affirmed.

The defendant's claim of error pursuant to Batson v. Kentucky ( 476 U.S. 79) was never presented to the trial court as specifically based on a combination of race and gender. Thus, the defendant has failed to preserve for appellate review his contention that the trial court erred by finding that the defense had not established a prima facie case of discrimination by the prosecution in its use of peremptory challenges against African-American men ( see, People v. Stephens, 84 N.Y.2d 990; People v. Ramos, 223 A.D.2d 565). Moreover, we decline to reach the issue in the exercise of our interest of justice jurisdiction. Santucci, J.P., Altman, Krausman and Goldstein, JJ., concur.